-
Supreme Court Clarifies Scienter Standard For False Claims Act Liability
06/06/2023
On June 1, 2023, the Supreme Court issued a unanimous decision in the consolidated cases United States v. SuperValu Inc. and United States v. Safeway, Inc. holding that the False Claims Act’s (“FCA”) scienter element refers to a defendant’s knowledge and subjective beliefs—not what an objectively reasonable person would have known or believed. No. 21-1326 (June 1, 2023).